Back in the 80’s at the height of the AIDS genocide when poz meant an almost automatic death sentence, many states adopted stiff laws making it a felony, punishable in prison, for an HIV poz person to have sex without disclosing his status. But while AIDS remains an unrelenting scourge, most infected persons, whether they are gay or str8, though mostly gay,who follow the proper medical regimen can lead reasonably stable lives.
A couple of high profile cases where infected guys didn’t disclose – even if they used condoms and whether or not they ended up infecting their partners – are now coming to the trial which raises a whole host of new, perplexing scenarios, from the practical to the absurd:
If a guy’s viral load is “undetectable” and research shows it’s almost impossible to infect someone, would a guy be guilty if he didn’t still didn’t fill in his partner? What about those who use condoms?
Should every guy who tests positive be presumed promiscuous and put on some black list like a convicted sex offender?
Since there are people out there who don’t know if they got it, should every guy be forced to get tested at least annually or face jail time?
What if the guy practiced oral sex – low risk – would he still be guilty under the law if he didn’t disclose?
Should every poz guy have the letter “A” tattooed to his forehead like the bitch in “The Scarlet Letter” so there’s no confusions?
Crazy possibilities aside, Illinois has already relaxed its laws to reflect new realities, but most states are still stuck in 1985.
Or should they stay there?